LAWS(KER)-2005-11-29

KAMALADEVI M R Vs. GOPALAKRISHNAN

Decided On November 22, 2005
KAMALADEVI M.R., MANAGER Appellant
V/S
GOPALAKRISHNAN Respondents

JUDGEMENT

(1.) The appellant is the manager of an aided U.P.School. She is challenging the judgment of the learned Single Judge in O.P. No. 35376/2000 reported in 2002 (2) KLT 502. The appellant was not a party to the said Original Petition. However, aggrieved by the general directions in the said judgment, which resulted in the educational authorities issuing consequential directions to the disadvantage of the appellant in the form of Annexures A3 to A5, the appellant has come up in appeal on obtaining leave of this court for the same. The facts necessary for disposal of the Writ Appeal are summarised hereunder.

(2.) The Original Petition, which was disposed of along with a connected O.P. No. 4010/2002, the common judgment in which is impugned in this appeal was filed by the President of the Parent Teacher's Association of Government Girls High School, Kollam, the 1st respondent herein, complaining about the advertisement hoarding erected by the second respondent in the Original Petition inside the school compound of Government Girls H.S., Kollam. The petitioner therein sought quashing of Ext.P1 permission granted by the Corporation of Kollam to the 2nd respondent to erect a hoarding for the purpose of displaying advertisements inside the said School compound. The learned Single Judge, after analysing Section 5B of the Kerala Education Act, 1958 as also the Rules under Chapter IV of the Kerala Education Rules, came to the conclusion that the erection of hoardings inside school compounds violates Section 5B of the Kerala Education Act, 1958. Thereafter the learned Single Judge went on to consider the similar provision in Section 6 of the Act applicable to aided schools. After construing Section 6, the learned Single Judge entered a finding that erection of hoarding for display of advertisements inside the premises of an aided school comes within the ambit of Section 6 of the Act. On a general finding that permission to put up such hoardings inside school compounds other than for educational purposes would injure the well-being of the children studying in the schools, the learned Single Judge issued directions both to the Secretaries of the local bodies vested with powers under Section 209A of the Kerala Panchayat Raj Act, 1994 and Section 272(1) of the Kerala Municipality Act, 1994, to take appropriate action to see whether advertisements at the premises of educational institutions have been erected with due permission and to take action for removal of those advertisements from the premises of the educational institutions in case the same are placed or exhibited without permission. The learned Single Judge further directed the Secretary to the Government, General Education Department to issue appropriate instructions to the educational officers to see that the premises of a school in the private sector is not used for any purpose other than educational purpose. The Chief Secretary to the Government was also directed to take appropriate steps in the light of the judgment in the case of all other educational institutions in the State and see that the premises of the institutions are used only for educational purposes. It is aggrieved by such general directions that the appellant has approached this court, after obtaining leave to appeal, challenging the said judgment, in so far as it affects her rights to put up or to permit others to put up hoardings inside the school compound owned by her.

(3.) We have heard learned counsel for the appellant and the learned counsel for the 1st respondent, the petitioner in the Original Petition.